Subjects:

Contract Law, External LLB Titles

Contents:

SECTION 1

Introduction

1 Contracts and contract law

2 Contract, tort and restitution

3 The functions of contract law

4 Economic analysis of contract law

5 Empirical work

SECTION 2

Enforceable Types of Promise

6 Consideration

7 Intention to create legal relations

SECTION 3

Has an agreement been reached?

8 Offer and acceptance

9 Uncertainty and incompleteness

10 Communication mistakes

SECTION 4

Obligations and Risks

11 Express terms in oral agreements

12 Contents of written contracts

13 Inaccurate information and misrepresentation

14 Gapfilling by interpretation

15 Implied terms

16 Discharge by frustration

17 Expectation mistakes

18 Discharge by construction

19 Duties of disclosure

SECTION 5

Remedies

20 Some preliminary questions

21 Withholding performance and termination for default

22 Damages

23 Literal enforcement

24 Restitutionary remedies

SECTION 6

Contract Theory

25 Why are promises binding?

26 Economic analysis of contract law

27. The impact of the empirical studies

28. Critical approaches to contract

29. Developing the relational contract notion

30. Fairness and distributive justice

31. Transformation thesis

SECTION 7

Changing the Bargain

32. Rescission, variation, waiver and promissory estoppel

33. Adjustments in longer-term contracts

SECTION 8

Policing the Bargain

34. Duress

35. Under pressure and undue influence

36. Unconscionable bargains

37. A general principle

38. Standard form contracts

39. Exclusion clauses

40. Unfair terms in consumer contracts

41. Regulated contracts

SECTION 9

Illegality

42. Contracts contrary to public policy

43. Contracts involving the commission of a crime or a tort

44. Contracts in restraint of trade

SECTION 10

Intermediaries, Third Parties and Assignment

45. Agency

46. Privity and the benefit of a contract between others

47. Subsequent assignment of the benefit of a contract

48. Privity and burdens

49. Assignment and the burden of a contract

Appendix

Index

This outstanding casebook on contract comprises a wide selection of cases and materials that not only illustrates the substantive law, but places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom and how they may be used to guide agreements, as well as to settle disputes.

The new edition of Contract - Cases and Materials takes account of changes that have occurred in this area of law and brings the reader right up to date since the previous edition was published in 1995.